Balamurugan v. State Rep By The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 14-11-2025

CORAM

THE HONOURABLE MR JUSTICE K. RAJASEKAR CRL OP NO.31127 of 2025 R. Balamurugan ... Petitioner/ A3 Vs The State rep. by, The Inspector of Police, Bommidi Police Station, Dharmapuri District.

(Crime No.132 of 2018) ... Respondent PRAYER : Criminal Original Petitions filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to grant bail to the petitioner/accused in C.C.No.142 of 2018 on the file of the learned Judicial Magistrate, Pappireddipatti.

For Petitioner(s) :

Mr. M.D. Ilayaraja For Respondent(s) :

Mr. A. Gopinath Government Advocate (Crl. Side) ******* 1/4

ORDER

The petitioner herein, who was arrested and remanded to judicial custody on 17.02.2025 based on a NBW issued on 23.07.2019 in C.C.No.142 of 2018 on the file of the learned Judicial Magistrate, Pappireddipatti for the offences punishable under Sections 454 and 380 IPC, seeks bail. The earlier bail application of the petitioner was dismissed by this Court, vide order dated 13.08.2025 in Crl.O.P.No.22555 of 2025 on the following observations.

"3. Considering the conduct of the petitioner and the nature of the crime and substantial delay caused due to his abscondence, this Court is of the view that if the petitioner released on bail, he may again abscond and will not be available for trial. Hence, this Original Petition stands dismissed.

4. The respondent police is directed to split up the case against the petitioner and complete the trial preferably within 60 working days."

2.

The learned counsel appearing for the petitioner submitted that the petitioner is in judicial custody since 17.02.2025; that while dismissing the earlier bail application of the petitioner, this Court directed the Trial Court to split up the case as against the petitioner and complete the trial preferably within 60 working days, however the trial is not progressing; 2/4

and that the petitioner is ready to abide by any condition that may be imposed by this Court, hence sought for bail to the petitioner. 3.

The learned Government Advocate (Crl. Side) appearing for the respondent while opposing the bail to the petitioner submitted that there are totally four accused in this case and the petitioner is arrayed as A3; that the petitioner has 37 previous cases and has absconded for nearly 6 years; that the other two co-accused in this case are still absconding and non bailable warrant pending. He further submitted that the respondent police is contemplating to split up the case and proceed with the trial as against this petitioner.

4.

Though the learned counsel appearing for the petitioner submitted that the trial of the case is not concluded as directed by this Court in the earlier order, that is not a ground to consider the present bail petition of the petitioner.

5.

Considering the previous antecedents of the petitioner and the fact that the petitioner has absconded for nearly six years, this Court is not inclined to grant bail to the petitioner.

3/4

K. RAJASEKAR, J.

stn 6.

However, as per the direction of this Court, vide order dated 13.08.2025 in Crl.O.P.No.22555 of 2025, the Trial Court is directed to split up the case against the petitioner and complete the trial proceedings at the earliest. Accordingly, this criminal original petition stands dismissed. 14.11.2025 stn To

1. The Inspector of Police, Bommidi Police Station, Dharmapuri District.

(Crime No.132 of 2018)

2. The Public Prosecutor, High Court of Madras.

CRL OP NO.31127 of 2025 4/4